Adaptation to Climate Change in European Water Law and Policy

Keessen, Andrea; Rijswick, Marleen van

doi:10.18352/ulr.204

Cited by 24 publications

(33 citation statements)

References 17 publications

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“…This literature includes both theoretical and empirical approaches to considering adaptive governance and provides a foundation for investigating the FD and its implementation. Our evaluation further builds on that of Keessen and van Rijswick (2012), who state that promoting resilience through the legal system requires finding a mode of rendering adaptive governance elements compatible with the requirements of the rule of law (Ebbesson 2010). Additionally, Wiering et al (2015) highlight the importance of considering existing governance approaches when evaluating whether a system is ultimately resilient, including prevailing social relations and political and social arguments about FRM.…”

Section: Introductionmentioning

confidence: 90%

“…Although the FD recognizes that floods are unpreventable natural phenomena, better management of societal activities (e.g., preventing increasing economic development and human settlement on floodplains) is feasible and desirable to reduce the risk of adverse consequences. However, the FD's use of procedural obligations rather than substantive requirements raises questions concerning its ability to meet these aims and deliver more resilient FRM (Keessen and van Rijswick 2012).…”

Section: Introductionmentioning

confidence: 99%

“…Each of the following examples focuses on different aspects of socialecological resilience: general perspectives (Ebbesson 2010); integrated water management and adaptation to climate change (Keessen and van Rijswick 2012); and specific elements that may improve resilience such as flexibility (Green et al 2013), legitimacy Holling 2002, Folke et al 2005, Huitema et al 2009, Garmestani and Benson 2013, Chaffin et al 2014). Our research encompasses broad and complex notions of resilience that couple social and ecological systems (Folke 2006, Young et al 2006.…”

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

The European Union approach to flood risk management and improving societal resilience: lessons from the implementation of the Floods Directive in six European countries

Priest¹,

Suykens²,

Rijswick³

et al. 2016

E&S

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ABSTRACT. Diversity in flood risk management approaches is often considered to be a strength. However, in some national settings, and especially for transboundary rivers, variability and incompatibility of approaches can reduce the effectiveness of flood risk management. Placed in the context of increasing flood risks, as well as the potential for flooding to undermine the European Union's sustainable development goals, a desire to increase societal resilience to flooding has prompted the introduction of a common European Framework. We provide a legal and policy analysis of the implementation of the Floods Directive (2007/60/EC) in six countries: Belgium (Flemish region), England, France, the Netherlands, Poland, and Sweden. Evaluation criteria from existing legal and policy literature frame the study of the Directive and its effect on enhancing or constraining societal resilience by using an adaptive governance approach. These criteria are initially used to analyze the key components of the EU approach, before providing insight of the implementation of the Directive at a national level. Similarities and differences in the legal translation of European goals into existing flood risk management are analyzed alongside their relative influence on policy and practice. The research highlights that the effect of the Floods Directive on increasing societal resilience has been nationally variable, in part because of its focus on procedural obligations, rather than on more substantive requirements. Analysis shows that despite a focus on transboundary river basin management, existing traditions of flood risk management have overridden objectives to harmonize flood risk management in some cases. The Directive could be strengthened by requiring more stringent cooperation and providing the competent authorities in international river basin districts with more power. Despite some shortcomings in directly affecting flood risk outcomes, the Directive has positively stimulated discussion and flood risk management planning in countries that were perhaps lagging behind.

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Section: Introductionmentioning

confidence: 90%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

The European Union approach to flood risk management and improving societal resilience: lessons from the implementation of the Floods Directive in six European countries

Priest¹,

Suykens²,

Rijswick³

et al. 2016

E&S

Self Cite

View full text Add to dashboard Cite

show abstract

“…Clarvis et al (2014) have reviewed the literature addressing the challenge of applying adaptive governance principles to law as well as evaluating the capacity of different facets of the legal system to support such principles. An example relevant to this paper, as it addresses adaptation in legal rules for flood risk management, is the contribution of Keessen and van Rijswick (2012). Accordingly, promoting resilience through law requires (1) striking the right balance between legal certainty and flexibility in the form of rules that deal with change without becoming arbitrary, (2) improving the adaptability of rules to allow for learning by means of iterative processes of decision making, (3) openness and participation in decision making and access to justice; (4) multilevel governance on a bioregional scale; and (5) effectiveness, in the sense that the legal framework should provide the necessary conditions for its implementation and enforcement (Keessen and van Rijswick 2012:40-41).…”

Section: Adaptive Governance and Lawmentioning

confidence: 99%

“…The analysis is conducted within the framework of the growing body of literature on the interactions among law, adaptive governance, and resilience, both generally (e.g., Ebbesson 2010, Ruhl 2011, Ebbesson and Hey 2013) and particularly in the field of water governance (e.g., Bruch and Troell 2011, Keessen and van Rijswick 2012, Green et al 2013, Clarvis et al 2014. This literature often focuses on legal adaptation for water quality or water supply.…”

Section: Introductionmentioning

confidence: 99%

Dealing with change and uncertainty within the regulatory frameworks for flood defense infrastructure in selected European countries

Goytia¹,

Pettersson²,

Schellenberger³

et al. 2016

E&S

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ABSTRACT. Whereas existing literature on the interactions among law, adaptive governance, and resilience in the water sector often focuses on quality or supply issues, this paper addresses adaptation in national water laws in relation to increasing flood risks. In particular, this paper analyzes the extent to which legal rules governing flood defense infrastructure in a selection of European countries (England, France, Sweden, and The Netherlands) allow for response and adaptation to change and uncertainty. Although there is evidence that the legal rules on the development of new infrastructure require that changing conditions be considered, the adaptation of existing infrastructure is a more complicated matter. Liability rules fail to adequately address damages resulting from causes external to the action or inaction of owners and managers, in particular extreme events. A trend toward clearer, and in some cases, increased public powers to ensure the safety of flood defense infrastructure is observed. The paper concludes that legal rules should ensure not only that decisions to build flood defenses are based on holistic and future-oriented assessments, but also that this is reflected in the implementation and operation of these structures.

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Evaluating Conditions for Integrated Water Resource Management at Sub‐basin Scale. A Comparison of the Flemish Sub‐basin Boards and Walloon River Contracts

2017

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Integrated water resource management (IWRM) has long been advocated in academia and politics but appears difficult to pursue in practice. Defenders of IWRM call for governance institutions adapted to hydrological boundaries, but these would be at odds with existing administrative ones. In this paper, we investigate how coordination platforms at sub-basin scale can contribute to IWRM. Most IWRM literature focuses on the catchment scale. It is however acknowledged by several authors that coordination is also needed at a lower level. Through document analysis and semi-structured interviews, a comparison is made of the Flemish sub-basin boards and the Walloon river contracts, two types of coordination platform in different regions of Belgium. Belonging to the same federal state, they form valuable cases to compare divergent systems rooted in similar administrative settings.A number of key factors appear to contribute to the effectiveness of the coordination platforms, as it is perceived by their stakeholders. These factors are a clear but flexible legislative framework, (financial) support of a higher government rather than commandand-control steering, the personal commitment of their coordinators, an independent status of their staff, a sense of urgency and a good connection with civil society and the wider public.

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Adaptation to Climate Change in European Water Law and Policy

Cited by 24 publications

References 17 publications

The European Union approach to flood risk management and improving societal resilience: lessons from the implementation of the Floods Directive in six European countries

The European Union approach to flood risk management and improving societal resilience: lessons from the implementation of the Floods Directive in six European countries

Dealing with change and uncertainty within the regulatory frameworks for flood defense infrastructure in selected European countries

Evaluating Conditions for Integrated Water Resource Management at Sub‐basin Scale. A Comparison of the Flemish Sub‐basin Boards and Walloon River Contracts

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